Bill Text: IL SB1912 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Civil Practice Law of the Code of Civil Procedure. Provides that in any civil action involving a claim for money damages, a release must be tendered by the settling defendants to the plaintiff within 14 days of an agreement to the settlement, and in cases where the law requires court approval of the settlement, the plaintiff shall timely obtain court approval and tender to the defendant a copy of the order approving the settlement. Provides that a settling defendant shall pay all sums due to a settling plaintiff within 21 days of tender by the settling plaintiff to the settling defendant of a duly executed release (and, if required by law, a copy of the order approving the settlement), and provides that upon failure to pay, interest, calculated from the date of the release, shall accrue on the amount of the settlement and shall be payable to the settling plaintiff. Provides that the plaintiff is entitled to judgment without further notice against any settling defendant who has not timely paid. Provides that the new provisions apply to all civil actions involving a claim for money damages. Effective immediately.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Passed) 2013-08-26 - Public Act . . . . . . . . . 98-0548 [SB1912 Detail]

Download: Illinois-2013-SB1912-Amended.html

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Sen. Kwame Raoul

Filed: 4/15/2013

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AMENDMENT TO SENATE BILL 1912
AMENDMENT NO. ______. Amend Senate Bill 1912, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Code of Civil Procedure is amended by
adding Part 23 to Article II as follows:
(735 ILCS 5/Art. II Pt. 23 heading new)
Part 23. Settlement
(735 ILCS 5/2-2301 new)
Sec. 2-2301. Settlement of claims; payment.
(a) In any civil action involving a claim for money
damages, a release must be tendered by the settling defendant
to the plaintiff within 14 days of an agreement to the
settlement.
(b) In any civil action involving a claim for money damages

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in which the law requires court approval of a settlement, the
plaintiff shall timely tender to the settling defendant a copy
of the court order approving the settlement.
(c) In any civil action involving a claim for money damages
in which there is a known third-party lienholder or subrogation
interest (including, where applicable, Medicare, the Centers
for Medicare & Medicaid Services, or the Illinois Department of
Healthcare & Family Services), the plaintiff shall timely
tender to a settling defendant either:
(1) documentation of an agreement between the
plaintiff and the known third-party lienholder or
subrogation interest as to the amount of the settlement
that will be applied toward satisfaction of each lien or
subrogation interest; or
(2) a letter from the plaintiff's attorney agreeing to
hold the full amount of the known lien or subrogation
interest in the plaintiff's attorney's client fund account
pending final resolution of the amount to satisfy the lien
or subrogation interest.
(d) A settling defendant shall pay all sums due to the
plaintiff within 21 days of tender by the plaintiff of that
defendant's duly executed release and, if applicable,
compliance with paragraph (1) or (2) of subsection (c) of this
Section.
(e) If a settling defendant fails to pay to the plaintiff
all sums due under the terms of the settlement within 21 days

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of tender of the items required by subsection (d) of this
Section without good cause shown, interest at the rate set
forth under Section 2-1303 of this Code, calculated from the
date of the tender by the plaintiff, shall accrue on the amount
of the settlement attributable to that settling defendant and
shall be payable to the plaintiff.
(f) The plaintiff is entitled to judgment against any
settling defendant who has not timely paid under subsection (d)
of this Section. The judgment shall be for the amount set forth
in the executed release, plus costs incurred in obtaining the
judgment and interest at the rate specified under Section
2-1303 of this Code.
(g) As used in this Section, "tender" means personal
delivery or delivery by a means providing a return receipt.
(h) This Section applies to all civil actions involving a
claim for money damages, except for those against this State,
any State agency, or any State employee or foster parent or
other entity or person that is being represented and provided
indemnification in accordance with the provisions of the State
Employee Indemnification Act.
Section 99. Effective date. This Act takes effect upon
becoming law.".